School Education Act 1999 (WA)

Western Australia School Education Act 1999 Western Australia School Education Act 1999 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Terms used 1 5. Term used: pre‑compulsory education period 1 6. Term used: compulsory education period 1 8. Notes not part of Act 1 Part 2 — Education of children during compulsory education period Division 1 — Compulsory education with alternatives in final years of compulsory education Subdivision 1 — Enrolment of children of compulsory school age 9. When enrolment compulsory 1 10. Ways in which s. 9 satisfied 1 11AA. Proof of enrolment to be provided 1 11. Exemption from s. 9(1), Minister may grant etc. 1 Subdivision 1A — Alternatives to the operation of section 9 in final years of compulsory education 11A. Terms used 1 11B. Options other than school etc. in final 2 years 1 11C. Participation s. 11B option to be full‑time 1 11D. Arrangements under s. 11B, parent to notify Minister of etc. 1 11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to 1 11F. Notice under s. 11D or 11E, duration and effect of 1 11G. Employment for s. 11B(1)(d), Minister's approval of required etc. 1 11H. Child employed with s. 11G approval, parent to notify Minister of etc. 1 11I. Child to participate in options notified under s. 11D, 11E or 11H 1 11J. Participation by child, what constitutes 1 11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister's functions as to 1 11L. Independent child, designating child to be 1 11M. Minister's functions as to this Subdivision 1 11N. Regulations for this Subdivision 1 Subdivision 2 — Inquiries to check compliance with sections 9 and 11I 12. Authorised persons, authorisation of 1 13. Authorised person, powers of 1 14. Authorised person, certificate of authorisation for 1 15. Pretending to be authorised person, offence 1 Division 2 — Enrolment, all schools 16. Information required when applying to enrol 1 17. Change of s. 16 particulars, principal to be notified of 1 18. Child enrolment application by one parent, principal may act on 1 19. Enrolment register, principal's duties as to 1 20. Cancelling enrolment, principal's powers as to 1 21. Removing child from school register, when allowed 1 Division 3 — Attendance, all schools 22. Term used: school 1 23. Attendance requirements 1 24. Attendance at place outside school, arrangement for etc. 1 25. When student excused from attendance 1 26. Doubtful reasons given for child's non-attendance, principal may refer to Attendance Panel etc. 1 27. Non attendance of student may be required on public health grounds 1 28. Attendance records, principal's duties as to 1 29. Employing child during school hours, offence 1 Division 4 — Government schools, absence for special observance 30. Recognized religious or cultural period, child excused from attendance for 1 31. Days etc. to which s. 30 applies 1 Division 5 — Absentee students and non‑participating children Subdivision 1 — Preliminary 32. Terms used 1 Subdivision 2 — Attendance officers 33. Attendance officers, designation of 1 34. Attendance officer, certificate of designation for 1 35. Pretending to be attendance officer, offence 1 Subdivision 3 — Powers of attendance officers 36. Powers to detain and question and to enter public places 1 37. Obstructing etc. attendance officer, offence 1 Subdivision 4 — Dealing with non‑attendance and non‑participation and enforcing attendance and participation 38. Breach of s. 23, offence by parent and child 1 39. Attendance Panel, appointment and procedure of etc. 1 40. Persistent breach of s. 23, referral of case to Attendance Panel 1 41. Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel 1 42. Prosecution of s. 9 or 38 offence, prerequisites to commencing 1 43. Proceedings for s. 9 or 38 offence, parent may be required to bring child to court 1 44. Evidentiary matters for s. 9 and 38 charges 1 45. Prosecution of s. 9 and 38 offences, who may conduct 1 Division 6 — Home education 46. Term used: home educator 1 47. Registration as child's home educator, application for 1 48. Registration of home educator, CEO's functions as to 1 49. Home educator to inform CEO of certain matters 1 50. Home education moderators, appointment of 1 51. Evaluation of child's educational programme and progress, when required etc. 1 52. CEO may notify home educator of concern and require evaluation 1 53. Cancelling s. 48 registration, CEO's functions as to 1 54. Review of s. 53 decision 1 Part 3 — Government schools Division 1 — Establishment, closure etc. 55. Establishing etc. school, Minister's powers as to 1 56. Closing, amalgamating etc. schools, Minister's powers as to 1 57. Consultation requirements before s. 56 power exercised 1 58. Permanent closure, procedure for 1 59. Permanent closure for safety or welfare reasons 1 60. Local‑intake schools, declaration of etc. 1 Division 2 — Functions of chief executive officer, principals and teachers 61. CEO's functions 1 62. Principals, appointment of 1 63. Principal's functions 1 64. Teacher's functions 1 65. Assigned function etc. not to be inconsistent with industrial arrangements 1 Division 3 — Educational instruction 66. Terms used 1 67. Curriculum, determination of 1 68. Curriculum not to promote certain matters 1 69. Special religious education, provision of 1 70. Prayers etc., principal to consult school Council about 1 71. Special religious instruction etc., parent may withdraw child from 1 72. Conscientious objection to subject, principal may exempt child from classes on 1 73. Child with disability, educational programme for 1 74A. Child in early education period, educational programme for 1 Division 4 — Enrolment 74. Application for enrolment of child 1 75. Enrolment of child, principal's duties as to 1 76. General residential qualification for child to be enrolled 1 77. Child below compulsory school age, when entitled to be enrolled 1 78. Child of compulsory school age, when entitled to be enrolled at local‑intake school 1 79. Child of compulsory school age, when entitled to be enrolled at non local-intake school 1 81. Enrolment of person after compulsory education period 1 82. Resolving question under s. 76, 77, 78 or 79 1 83. Inappropriate enrolment, CEO's powers to cancel 1 84. Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for 1 85. CEO may ask advisory panel for advice for s. 82 or 83 decision 1 86. Child with disability, decision under s. 82 or 83 as to educational programme for 1 87. Disabilities Advisory Panel, appointment of etc. 1 Division 5 — Suspension and exclusion Subdivision 1 — Preliminary 88. Terms used 1 Subdivision 2 — Suspension and exclusion for breach of school discipline or disruptive behaviour 89. Term used: breach of school discipline 1 90. Breach of school discipline, suspension for 1 91. Grounds for excluding student from school attendance 1 92. Procedure for excluding student from school attendance 1 93. School Discipline Advisory Panel, appointment of etc. 1 94. Excluding student etc., orders as to that CEO may make 1 95. Principal's power to exclude from school attendance student enrolled after compulsory education period 1 96. Decision under s. 95, review of 1 96A. Subdivision 3 not limited by this Subdivision 1 Subdivision 3 — Suspension and exclusion of student charged with or convicted of sexual offence 96B. Terms used 1 96C. References to conviction 1 96D. Suspension of student 1 96E. Grounds for excluding student from school attendance 1 96F. Procedure for excluding student from school attendance 1 96G. Orders that CEO may make 1 96H. CEO must give notice of order 1 96I. CEO must consider whether to revoke or amend order in certain circumstances 1 Division 6 — Financial provisions Subdivision 1 — Fees for instruction, charges, contributions and costs 97. Terms used 1 98. Fees for instruction and charges, limits on imposing 1 99. Charges etc. for materials, services and facilities, determining etc. 1 100. Extra cost optional component of educational programme, determining cost for etc. 1 101. Optional components that are not extra cost optional components to be available to certain students 1 102. Charges etc. to be paid to principal 1 103. Overseas and adult students to pay fees for instruction 1 104. Reduction etc. of fees etc., regulations about 1 105. Students (other than overseas and adult students) cannot be excluded for non‑payment of charges 1 106. Recovering fees etc. 1 107. Agreements to pay costs not affected 1 108. Items to be supplied by student for personal use in educational programme, determining etc. 1 Subdivision 2 — School funds 109. General Purposes Fund, each school has 1 110. Funds for donations etc., establishing 1 111. Management of school funds 1 112. Money to be credited to General Purposes Fund etc. 1 113. Bank account for school funds 1 114. Financial Management Act 2006 s. 8 and 34, application of to s. 109 to 113 1 115. Investment of school funds 1 116. Closure etc. of school, how school funds to be dealt with in case of 1 Division 7 — Other management provisions 117. School year for government schools, how determined 1 118. Disputes and complaints, regulations for dealing with 1 119. School premises, regulations for management etc. of 1 120. Non-student disrupting school etc., powers to deal with 1 121. Certain information not to be disseminated on school premises 1 122. Parent on s. 19 register, principal etc. may deal with exclusively 1 123. General management of schools, regulations for 1 Division 8 — Parent and community involvement Subdivision 1 — School Councils 124. Terms used 1 125. Each government school to have Council for school 1 126. Exemptions from and approvals for s. 125 1 127. Council, members of etc. 1 128. Council, functions of 1 129. Additional functions of Council, Minister may approve 1 130. Additional functions of incorporated Council, Minister may approve 1 131. Property acquired by incorporated Council vests in Minister 1 132. Council cannot intervene in certain matters 1 133. Powers of Council 1 134. Support services for Council, principal to provide 1 135. Minister may direct Council 1 136. Procedures of Council 1 137. Protection from personal liability 1 138. Minister may dismiss unincorporated Council 1 139. Incorporated Council, winding up 1 140. Regulations about Councils 1 Subdivision 2 — Parents and Citizens' Associations 141. Terms used 1 142. Forming association 1 143. Objects of and limits on associations 1 144. Property acquired by association vests in Minister 1 145. Association formed after 1 Jan 2001, incorporation of 1 146. Transitional provisions for association existing at 1 Jan 2001 1 147. Association to give certain information to principal 1 148. Winding up association 1 149. Other associations, forming etc. 1 Part 4 — Non‑government schools Division 1 — Preliminary 150. Terms used 1 151. Term used: chief executive officer 1 152. Delegation by chief executive officer 1 153. Minister may direct chief executive officer 1 Division 2 — Offences 154. Establishing or conducting an unregistered school 1 155. Making false representations 1 156A. Schools to be conducted in accordance with registered information 1 156B. Notice to be given to CEO about changes to governing bodies of schools 1 156C. Minister or CEO may require information about registered schools 1 Division 3A — School planning proposals require an advance determination 156. What is a school planning proposal 1 157A. Application for advance determination 1 157B. Minister may make advance determination 1 157C. Policy direction for advance determinations 1 157. Notice to be given about decisions on advance determinations 1 Division 3B — Registration of non‑government schools Subdivision 1 — Applications and requirements 158A. When advance determination required before making application under this Division 1 158. Application for registration 1 159A. Application for renewal of registration 1 159B. Application for registration change 1 159. Standards for non‑government schools 1 160. Determining applications for registration and renewal of registration 1 161A. Determining applications for registration change 1 161B. Notice to be given about decisions under this Subdivision 1 Subdivision 2 — Register and certificates of registration 161. Register of non‑government schools to be kept 1 162. Certificate of registration 1 163A. Surrender of certificate of registration 1 163. Period of registration 1 Subdivision 3 — Notices, conditions, directions and cancellations 164. Continuing suitability of governing body 1 165A. Quality improvement notices 1 165. Conditions of registration 1 166. Directions to comply 1 167A. No new enrolments while a direction is outstanding 1 167. Cancelling registration 1 Division 3C — Review of decisions under Divisions 3A and 3B 168. Review of certain decisions 1 Division 3 — Non‑government school systems Subdivision 1 — Recognition of systems 169. Recognized school system, declaration of 1 170. Revoking s. 169 order 1 171. School system may accept certain schools as members of system 1 172. School in school system may withdraw from system 1 Subdivision 2 — System agreements 173. System agreement, Minister may make etc. 1 174. Content of system agreement 1 175. Termination of system agreement 1 Division 4 — Inspection of registered schools 176. Inspection of registered school after notice given 1 177. Inspection of registered school with no notice 1 178. Inspector under s. 176 or 177 to produce certificate of authority 1 179. Obstructing inspector, offence 1 Division 5 — Funding 182. Money appropriated for registered schools, allocation of 1 183. Purposes etc. for which allocations will be made, orders as to etc. 1 184. Contents of s. 183 orders 1 185. Minister may require school to account for allocated moneys 1 Division 6 — Loans for capital works 186. Minister's powers to lend moneys 1 187. Minister may borrow moneys to make s. 186 loan 1 188. Operating account for s. 186 and 187 moneys 1 189. Treasurer's guarantee for moneys borrowed under s. 187 1 190. Payments under s. 189 guarantee 1 Part 5 — Community kindergartens Division 1 — Preliminary 191. Term used: governing body 1 Division 2 — Registration of community kindergartens 192. Registration, general provisions as to 1 193. Application for registration 1 194. Matters to be considered by Minister 1 195. Grant or refusal of registration 1 196. Minister to notify decision within 3 months 1 197. Certificate of registration; register of registered kindergartens 1 198. Amending etc. conditions of registration 1 199. Who can attend registered kindergarten 1 200. Cancelling registration, Ministers' functions as to 1 201. Decision as to registration, review of 1 Division 3 — Operation and management of community kindergartens 202. Minister may direct registered kindergarten as to standards 1 203. Governing body of kindergarten, role of 1 204. Teaching staff etc., appointment of 1 205. Teaching staff, functions of 1 206. Curriculum and enrolment 1 207. Fee for instruction and charges 1 209. Person disrupting kindergarten etc.; disseminating information on kindergarten premises 1 210. Moneys appropriated for kindergartens, allocation of 1 211. Minister may require kindergarten to account for allocated moneys 1 212. Regulations about kindergartens 1 Part 6A — Student residential colleges Division 1 — Preliminary 213A. Terms used 1 Division 2 — Establishment of student residential colleges 213B. Establishing student residential colleges 1 213C. Closing or amalgamating student residential colleges 1 Division 3 — Administration of student residential colleges Subdivision 1 — Operation and management 213D. Operation and management of student residential colleges 1 213E. Powers of Minister relating to student residential colleges 1 213F. Treasurer to consider proposals under s. 213E(2)(c) 1 213G. When money paid for advertising or sponsorship to be paid to student residential college's General Purposes Fund 1 213H. Sections 120 and 121 have effect in respect of student residential colleges 1 Subdivision 2 — Regulations and code of conduct 213I. Regulations about student residential colleges 1 213J. Code of conduct for students 1 Subdivision 3 — Power of Minister to grant licences 213K. Licences by Minister for use of tangible property relating to student residential colleges 1 213L. When money paid under licence to be paid to a General Purposes Fund 1 Division 4 — LINC committees 213M. LINC committees 1 213N. Membership of LINC committees 1 213O. Functions of LINC committees 1 213P. Regulations about LINC committees 1 Division 5 — Financial provisions Subdivision 1 — Fund for each student residential college 213Q. General Purposes Fund for each student residential college 1 213R. Funds for other moneys received for a student residential college 1 213S. Management of college funds 1 213T. Money to be credited to college funds 1 213U. Bank account for college funds 1 213V. Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U 1 213W. Investment of college funds 1 213X. Dealing with college funds on closure or amalgamation of a college 1 Subdivision 2 — Student Residential Colleges Fund 213Y. Student Residential Colleges Fund 1 213ZA. Minister's power to borrow money 1 Part 6 — Administration Division 1 — The Minister 213. Terms used 1 214. "Minister for Education" is body corporate etc. 1 215. Property vested in Minister 1 216. Powers of Minister 1 217. Treasurer to consider proposals under s. 216(2)(c) 1 218. Licences by Minister for use of tangible property, other than property relating to student residential colleges 1 220. When money paid under licence to be paid to school's General Purposes Fund 1 221. When money paid for advertising or sponsorship to be paid to school's General Purposes Fund 1 222. Exempting school from Act, Minister's powers as to 1 223. Decision as to individual student, review of by Minister 1 224. Delegation by Minister 1 225. Subdelegation by CEO, Minister may permit 1 226. Documents presumed duly executed 1 227. Application of Financial Management Act 2006 1 Division 2 — The department 228. Department to assist in administration of Act, other than in relation to non-government schools and students attending non-government schools 1 229. Term used: chief executive officer 1 230. Delegation by chief executive officer 1 231. Minister may direct chief executive officer 1 232. Chief executive officer may direct principal 1 233. CEO's Instructions, issue of etc. 1 Division 3 — Staff employed in the department 234. Terms used 1 235. Categories of staff to be employed 1 236. Engaging etc. teaching staff, other officers and wages staff 1 237. Teaching staff, classes of 1 238. Transfer etc. of teacher to another category of employee 1 239. Teaching staff and other officers, substandard performance by and discipline of 1 240. Employee may be ordered to leave school premises 1 Division 4 — Advisory panels 241. Advisory panels, establishing etc. 1 Part 7 — Miscellaneous 242. Disclosure of official information restricted 1 243. Prosecutions and s. 109 recovery action, who may commence; evidentiary matters 1 244. Regulations 1 245. Review of Act 1 246. Repeal, savings and transitional 1 Schedule 1 — Transitional provisions Division 1 — Transitional provisions for the commencement of this Act 1. Terms used 1 2. Interpretation Act 1984 not affected 1 3. Property vested in Minister at 1 Jan 2001 1 4. Delegation in force at 1 Jan 2001 under repealed Act s. 6AA 1 5. Agreement or licence in force at 1 Jan 2001 under repealed Act s. 6A 1 6. Licence in force at 1 Jan 2001 under repealed Act s. 6B 1 7. Staff appointed etc. as at 1 Jan 2001 under repealed Act s. 7(2) 1 8. Inquiry incomplete at 1 Jan 2001 under repealed Act s. 7C 1 9. Enrolment in effect at 1 Jan 2001 1 10. Government school in existence at 1 Jan 2001 under repealed Act s. 9 1 11. Efficient school registered at 1 Jan 2001 under repealed Act s. 32B 1 12. Certain pre‑school centres at 1 Jan 2001 continued as registered schools 1 13. Certain care‑centres and pre‑school centres as at 1 Jan 2001 continued 1 15. Notices etc. in force at 1 Jan 2001 under repealed Act s. 9A 1 16. Approved account as at 1 Jan 2001 under repealed Act s. 9B 1 17. Decision as to home education in force at 1 Jan 2001 under repealed Act s. 14(a) 1 18. Direction in force at 1 Jan 2001 under repealed Act s. 20A 1 19. Student suspended or excluded as at 1 Jan 2001 1 20. School decision‑making group in being at 1 Jan 2001 under repealed Act Part VA 1 21. Parents and Citizens' Association in being at 1 Jan 2001 under repealed Act Part VI 1 22. Repeal of Industrial Relations Act 1979 s. 23B, transitional 1 23. Transitional regulations 1 Division 2 — Transitional provisions for the Education and Care Services National Law (WA) Act 2012 24. Term used: commencement 1 25. Registration extended for a period of time 1 Division 3 — Transitional provisions for the School Education Amendment Act 2014 26. Terms used 1 27. Interpretation Act 1984 not affected 1 28. Pending applications and reviews of certain decisions 1 29. Application for imminent renewal of registration 1 30. Advance determinations under former provisions continue 1 31. Directions in force before commencement 1 32. Transitional regulations 1 Division 4 — Transitional provisions for the School Boarding Facilities Legislation Amendment and Repeal Act 2016 33. Terms used 1 34. Hostels 1 35. Hostel land 1 36. Former Authority abolished 1 37. Staff members of former Authority 1 38. Transfer of assets, liabilities, proceedings, remedies and immunities 1 39. Completion of things commenced 1 40. Continuing effect of things done 1 41. Exemption from State tax 1 42. Agreements, instruments and documents 1 43. Registration of documents 1 44. Saving 1 45. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia School Education Act 1999 An Act to make provision — • for education in school or by home education with education, training and employment alternatives at the senior secondary level; and • for the establishment and operation of government schools and for parent and community involvement in school affairs; and • for the registration of non‑government schools and the funding of such schools; and • for the registration of community kindergartens; and • for the establishment and administration of student residential colleges; and • for the use of property that is vested in the Minister; and to repeal the Education Act 1928 and consequentially amend certain other Acts 1, and to make related provisions. [Long title amended: No. 22 of 2005 s. 14; No. 28 of 2014 s. 22; No 41 of 2016 s. 6.]